Assets:  $350,000 

Married With Children:  Example 6

Example

Survivors are your spouse, your child from a previous marriage that your spouse has adopted, your children together, and your spouse's child from a previous marriage whom you have not adopted

Assume you pass away with $350,000 in assets.

Your spouse receives a total of $287,500. Your spouse receives the first $225,000 plus 1/2 of the remaining balance. [$350,000 - $225,000 = $125,000; $225,000 + $62,500 (1/2 the remaining balance of $125,000) = $287,500].

Your children include one from a previous marriage whom your spouse has adopted and two from your present marriage. They equally split the remaining balance of $62,500 ($350,000 - $287,500 = $62,500 ÷ 3 = $20,833). Each child receives $20,833.

Your stepchild does not inherit.

Your spouse may also have a right to the elective share,the homestead allowanceexempt property, and the family allowance which is protected from creditors.

If this is not the division you desire, then you need to write a will.

Montana State University Extension has additional information about estate planning. You may download and print out all MontGuides free at this site:  www.montana.edu/estateplanning/eppublications.html

To explore another family situation, follow this link...